TTB Proposes Nutrition and Allergen Labels for Alcohol

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TTB Proposes Rules on Nutrition and Allergen Labeling on Alcoholic Beverages

by: Food and Drug Law at Keller and Heckman of Keller and Heckman LLP - The Daily Intake

Tuesday, January 21, 2025

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On January 17, 2025, the Alcohol and Tobacco Tax and Trade Bureau (TTB) proposed two rules that would require nutrition and food allergen labeling on alcoholic beverages, including wines, distilled spirits, and malt beverages. The proposed rules are in response to the Department of the Treasury’s February 2022 report on Competition in the Markets for Beer, Wine, and Spirits, which recommended TTB revive or initiate such rulemaking.
The proposed Alcohol Facts Statements in the Labeling of Wines, Distilled Spirits, and Malt Beverages would require disclosure of per-serving alcohol, calorie, and nutrient content information in an “Alcohol Facts” statement on all TTB-regulated alcoholic beverage labels. Specifically, the Alcohol Facts statement would be required to include:
- The serving size of the product;
- The number of servings per container;
- Alcohol content as a percentage of alcohol by volume;
- The mount of pure ethyl alcohol per serving in fluid ounces;
- The number of calories per serving; and
- The amount of carbohydrates, fat, and protein per serving.
The amount of sugars may be optionally declared in the Alcohol Facts statement. The statement must be presented in a panel or linear format. An example of each format is below:
The proposed Major Food Allergen Labeling for Wines, Distilled Spirits, and Malt Beverages would require labeling disclosures of all major food allergens used in the production of TTB-regulated alcoholic beverages. The declaration must consist of the words “Contains Major Food Allergen(s)” followed by a colon and the name of the food source from which each major food allergen is derived. Processing aids may include the parenthetical explanation “(processing aid)” following the name of the allergen. If major food allergens used in the production of distilled spirits have been completely distilled such that no protein remains, the declaration is not required.
TTB is accepting comments on both proposed rules until April 17, 2025, at regulations.gov. Comments on the nutrition labeling rule should be filed in Docket No. TTB-2025-0002, and comments on the allergen rule should be filed in Docket No. TTB-2025-0003.